Pople v. Orekar

Citations

• 22 N.M. 307
• 161 P. 1110

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. An application for extension of time to settle and sign a bill of exceptions made within ten days of the return day violates the provision of section 4505, Code 1915,. and where an extension of time has been allowed within said ten-day period, and a bill of exceptions settled pursuant to such order of extension of time, it must be stricken on proper motion therefor.</p> <p>P. 309</p> <p>2. A demurrant waives his right to object to an adverse ruling on his demurrer by proceeding to trial on the merits or by subsequently pleading over to the merits.</p> <p>P. 310</p> <p>- 3. In every amendatory or supplemental pleading filed by a party, it is necessary for him to therein restate his entire cause of action, defense, or reply, and all matters set forth in his original pleading and not carried forward into his amendatory or supplemental pleading are abandoned.</p> <p>P. 311</p> <p>4. Where the appellant complains of the fact that the court omitted to make findings of fact, hut did not call this omission so to do to the attention of the trial court, the point is not available in this court. P. 311</p> <p>On Motion for Rehearing.</p> <p>5. Where there is substantial evidence to support the verdict or judgment, or the findings of the court, further inquiry in this court will not be had.</p> <p>P. 319</p> <p>6. The general rule is that parol evidence cannot be received to contradict, vary, add to, or subtract from the valid written terms of a contract.</p> <p>P. 314</p> <p>7. If a written instrument fails to state the entire consideration, the same may be shown,, and if the consideration stated is in ambiguous terms, or if it is clear that the whole consideration is not stated, the true consideration may be proved.</p> <p>P. 318</p> <p>8. Oral evidence is admissible for the purpose of impeaching a written instrument for false or fraudulent representations, upon the faith of which the contract was entered into.</p> <p>P. 318</p> <p>9. The p